Important Factors That Can Determine Child Support in California

The divorce process in California is often a long and drawn out procedure. For a great majority of divorce cases, the most challenging and time-consuming aspect is that of child custody. Every divorce case that involves child custody is a unique case, but in many cases, children will be set with one particular parent for a majority of the time. Although the ultimate goal of a family court is to have the child spend an equal amount of time with each parent, the child will need to have one set schedule and attend one school. Having a routine is in the best interests of the minor.

Child support routinely becomes an issue in child custody cases. Child support is the amount of money that a court can order a parent or both parents to pay every month for the expense of raising a child or children. There are many factors that can contribute to the court’s final decision on child support, such as, each parent’s financial situation, and the amount of time the child spends with each parent. Nonetheless, it is critical for parents to understand the importance of child support and how these payments are calculated and paid by the parents.

Parental Legal Duty to Financially Provide For the Minor

In California, both parents have a legal obligation to support their minor children until the children have reached the age of 18 and is no longer in high school or unless the child has been emancipated.

Determining Child Support in California

Outlined under the California Family Code §4055, California family law courts will follow a guideline that will take the following factors into account to determine child support: Each individual parent’s income and ability to provide for the child, The amount of time the minor spends with each individual parent, and other expenses the parent has, such as other child support payments or union dues.

A uniform guideline is used to determine child support in order to encourage an efficient settlement and discourage unnecessary litigation. A family court can utilize the support of a payment estimator that will use the statewide uniform guidelines and determine the amount that is to be paid.

Child Support Modifications

A child support order is not final. There are personal circumstances and changes in finances that can lead a parent to seek a child support order modification. A modification of child support should be raised only when there is a change in circumstances. When seeking a hearing, the following documents should be incorporated into the filing: Recent pay stubs, W-2 forms, Tax returns, Income and expense declarations, and additional documentation that can help the judge determine a change in finances.

Know Your Parental Rights, Speak to a Knowledgeable Family Law Attorney

If you are going through a divorce process or seeking to file for divorce and have minor children, it is critical that you understand your rights and obligations as a parent. Child custody and child support are both delicate family law matters that can have long-lasting consequences. Protect your interests and speak to a knowledgeable family law attorney as soon as possible.

The attorneys at the Knez Law Group, LLP understand that child custody and child support matters are often the most challenging aspects of a divorce. As a result, the firm works diligently to help parents understand their legal obligations and protect their rights in the midst of a divorce. Contact the firm today for a free, no-obligation consultation.